Fir being referred by police
btech graduate
(Querist) 08 November 2013
This query is : Resolved
respected sir,
a case was falsely filed against me and 4 others two years ago... police enquired and susequently referred the case after two weeks.. i hav the copy of refer report from the court.. will this FIR cause any problems during the character and antecedent verifications of UPSC, SSC , state psc etc...???????
Advocate Rajkumarlaxman
(Expert) 09 November 2013
Wat is the position of the case now. Wat is fir about. If the case is pending then u hv to acquitted ofvthe charges or else if agsint conviction u hv to appeal. If convictedvu will not becable to sit for kpsc upsc ias etc exams
btech graduate
(Querist) 09 November 2013
no sir, there was no case of any arrest, detention, prosecution or conviction... a case was filed and it was subsequently referred by police as a false complaint... but i was asking whether mere filing of an FIR will cause any problems during character and antecedent verifications of upsc...????
Advocate M.Bhadra
(Expert) 09 November 2013
Depends upon police report on verification of character and others report prior to joining the service.
The Indian Express on New Delhi, Sun Oct 16 2011
A person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges, the Supreme Court has held.
Quashing the appointment of constable SK Nazrul Islam, the apex court said, "Surely, the authorities entrusted with the responsibility of appointing constables were under duty to verify the antecedents of a candidate to find out whether he is suitable for the post of constable.
"And so long as the candidate has not been acquitted in the criminal case of the charges he cannot possibly be held to be suitable for appointment to the post of constable.
A Bench of justices R V Raveendran and A K Patnaik passed the judgement while upholding the West Bengal government's appeal challenging the high court's direction to appoint Islam despite the fact that he was facing criminal charges.
btech graduate
(Querist) 09 November 2013
no sir, there was no case of any arrest, detention, prosecution or conviction... a case was filed and it was subsequently referred by police as a false complaint... but i was asking whether mere filing of an FIR will cause any problems during character and antecedent verifications of upsc...????
P. Venu
(Expert) 09 November 2013
There need not be any apprehension, if the facts disclosed are complete.
Even otherwise, a criminal case in the past need not be a impediment for a public appointment, even for a Constitutional post, so long as the offence alleged did not involve moral turpitude.
The Judgment of the Supreme Court in M. Manohar Reddy & Anr. vs Union Of India & Ors. on 4 February, 2013
btech graduate
(Querist) 09 November 2013
yes sir.
facts i hav disclosed here are complete n true... i hav the copy of refer report also..
ajay sethi
(Expert) 09 November 2013
you need not fear . you have stated that police have held it is false complaint . it wont stand in your career prospects
